Robert R. McGill Administrative Law Blog

     This blog is written in response to a question posed:  in the event that an individual is unable to have a medical report written by a treating physician for circumstances beyond his or her control (i.e., such as death of a treating physician; uncooperativeness of a doctor; need to move to a different locality and need to switch to another doctor for whatever reason, etc.), would or can a physician's medical narrative report written by a doctor of "short... Read More

     Initial inquiries concerning filing for Federal and Postal disability retirement benefits often ask the following question:  Do I have a doctor to whom I can refer the individual?  This question often follows upon the unfortunate circumstance that the individual does not have a very supportive doctor, or has been under the "medical care" of an OWCP-referral doctor.  The answer is always an unequivocal:  No.  The reason:  The... Read More

     Before you even think about filing for disability retirement benefits under FERS or CSRS, there is often a psychological component which must be overcome:  after a lengthy and loyal service provided to the Federal Government, it is often difficult to "come to terms" with the idea that you can "no longer do" the job you have been so competent at, for the past X-number of years.  But remember that filing for, fighting for, and being... Read More

     In tough economic times, it is often difficult to find that "silver lining".  This is even truer for my clients who obtain disability retirement benefits from the Federal Government, as well as those contemplating it.  For, ultimately, I always find (without exception) that Federal and Postal Workers who are contemplating filing for disability retirement don't want to be in the position he/she finds him/herself in.  They have been loyal and... Read More

     There are obviously many, many pitfalls in the attempt to obtain disability retirement benefits from the Office of Personnel Management.  Sometimes, I get calls from individuals who tell me that they "heard from a friend" that another employee prepared the disability retirement packet him/herself, and got it through within ___ months (you can fill in the blank with an unbelievably low number -- say, 1, 2 or 3), and that there was no need... Read More

     The complexities surrounding preparation of a Federal Disability Retirement application are endless: concerns about the preparation of a proper medical narrative report by the doctor; making sure that the applicant's Statement of Disability is properly stated to accurately and insightfully reflect the medical condition of the Applicant; being prepared to cite proper legal authority when needed; knowing what information to provide and having enough wisdom to hold... Read More

     People often act without forecasting prospective issues.  In filing for disability retirement, it is important to take into account the emphasis and basis upon which one files for Federal Disability Retirement, because when an approval is given by the Office of Personnel Management, OPM identifies the specific medical disability upon which they granted the approval.  As such, it is important for the applicant to base the application upon the medical... Read More

     Ultimately, whether or not this is an optimum time for an individual to file for Federal Disability Retirement under FERS or CSRS is a decision each individual must make, depending upon the specific circumstances.  From a medical standpoint, of course, most individuals have no choice because he/she must file for disability retirement.  From an economic standpoint, as private companies cut back and begin relying upon a part-time workforce without needing... Read More

     When I look at a potential disability retirement case, I find it helpful to look at the case not only prospectively, but retrospectively.  While not a "rule" cast in stone, when the Office of Personnel Management approves a disability retirement case, it will normally attach a page which identifies which disability -- normally one, often two, sometimes three -- was/were the basis for the approval.  Thus, it is important when preparing a... Read More

     In the process of applying for Federal Disability retirement under FERS or CSRS, it is the "hope and wish" of each applicant that it will smoothly sail through at the initial stage of the application.  However, the reality of the process is that a certain percentage of applications get denied at the initial stage (Stage 1 of the process).  It is both discouraging and befuddling to receive a letter from the Office of Personnel Management... Read More